PUBLIC NOTICE

REGIONAL TRANSIT AUTHORITY

THREAT AND VULNERABILITY/CAPABILITIES ASSESSMENT

REQUEST FOR PROPOSAL (RFP) #2016-025

Project Description: The New Orleans Regional Transit Authority is seeking an agency to

execute a comprehensive plan for its Threat and Vulnerability Assessment with a Capabilities

Assessment, as per specification in RFP #2016-025.

How to obtain a copy of the RFP: Specifications and further information concerning the RFP

may be obtained beginning November 3, 2016 from the RTA’s new E-BID website at

https://www.ebidexchange.com/NORTA. You will be required to first register on this website.

The RFP can also be obtained at Regional Transit Authority’s website at http://www.norta.com.

Responding to RFP: Qualifications shall be submitted via the RTA’s Procurement E-Bid

Exchange website or must be received by the Regional Transit Authority, Procurement

Department, 2817 Canal St., New Orleans, LA, 70119 on or before 4:45 P.M., Monday,

December 5, 2016.

A Pre-Submittal Meeting will be held in the RTA Board Room on Thursday, November 17, 2016

at 2:00 p.m. Any questions or further information concerning the RFQ may be obtained from

Adonis C. Expose’, beginning on Thursday, November 3, 2016, via e-mail at

adonis.expose@transdev.com or the website at www.norta.com.

RTA in accordance with 49 Code of Federal Regulations (CFR) Part 26 has an obligation to

ensure nondiscrimination of Disadvantaged Business Enterprises (DBEs) and to comply with all

federal, state and local regulations relative to utilization of DBEs on publicly funded projects.

The RTA is committed to utilization of DBEs on all federally funded projects toward attainment

of the agency's established overall goal of 31%. No goal has been established for this project.

Notice to all offerors is hereby provided that in accordance with all applicable federal, state and

local laws the RTA will ensure that DBEs are afforded full opportunity to submit offers and

responses to this solicitation and to participate in any contract consummated pursuant to this

advertisement. Additionally, no offeror will be discriminated against on the basis of age, sex,

race, color, religion, national origin, ethnicity or disability. As such, award of the contract will be

conditioned on meeting the requirements of the federal, state and local laws for Equal

Opportunity including compliance with the policies of DBE Program.

The RTA reserves the right to accept or reject any and all submittals.

Justin T. Augustine, III

Vice President – Transdev

In Service to the RTA

REQUEST FOR PROPOSALS

FROM

REGIONAL TRANSIT AUTHORITY

SUBJECT: Threat and Vulnerability/Capabilities Assessment

DATE: November 3, 2016

REQUEST FOR PROPOSALS NO. 2016-025

PROPOSAL RECEIPT DEADLINE: December 5, 2016, 4:45 P.M.

The Regional Transit Authority invites PROPOSALS for the services set forth above in

accordance with the specifications enclosed herewith.

Proposals MUST be received at the RTA's Offices by the date and time set as the

Proposal Receipt Deadline.

Enclosures ("X" indicates item enclosed)

X Instructions to Proposers

X Terms and Conditions

X Evaluation

X Attachments

TABLE OF CONTENTS

I. INSTRUCTIONS TO PROPOSERS PAGE NUMBER

1.1 Proposals 1

1.2 Proposal Submissions 1

1.3 Proposer Review Procedures 1

1.4 Contract Documentation 3

1.5 Cost of Proposal 3

1.6 Proposal Postponement and Addenda 4

1.7 Cancellation of Request for Proposals 4

1.8 Proposal Rejection 4

1.9 Single Proposal Response 4

1.10 Proposal Withdrawal 4

1.11 Acceptance of Proposals 4

1.12 Evaluation of Proposals 5

1.13 Award Procedure 5

1.14 Offers 5

1.15 Addenda 6

II. TERMS AND CONDITIONS

2.1 Omissions 7

2.2 Communications 7

2.3 Official Receipt 7

2.4 Performance 7

2.5 Indemnification 7

2.6 Subcontracting and Assignment 8

2.7 Confidentiality 8

2.8 Written Change Orders 8

2.9 Change Order Procedure 8

2.10 Disputes 9

2.11 Termination 9

2.12 Access to Records 10

2.13 Ownership of Documents 12

2.14 Interests of Members of, or Delegates to, Congress 12

2.15 Conflict of Interest 12

2.16 Government-wide Debarment and Suspension 12

2.17 Restrictions on Lobbying 14

2.18 Equal Employment Opportunity 14

2.19 Energy Conservation 15

2.20 Work Hours and Safety Standards Act 15

2.21 Civil Rights Act 16

2.22 Disadvantaged Business Enterprise 17 2.23 Privacy Act Requirements 19

2.24 Status of Contractor and Its Employees 20

2.25 Insurance and Licenses 20

2.26 Access Requirements for Individuals with Disabilities 20

2.27 Application of Federal, State and Local Laws and Regulations 21

2.28 Clean Water 22

2.29 Fly America 22

2.30 No Obligation by the Federal Government 22

2.31 State and Local Law Disclaimer 23

2.32 Federal Changes 23

2.33 Clean Air 23

2.34 Recycled Products 23

2.35 Program Fraud and False or Fraudulent Statements and Related Acts 23

2.36 Non-Collusion Affidavit 24

2.37 Incorporation of FTA Terms 24

2.38 Exclusionary or Discriminatory Specifications 25

2.39

2.40

Geographic Restrictions

Buy America

25

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III. EVALUATION

3.1 Brooks Act 26

3.2 Administrative Evaluation 26

3.3 Evaluation Criteria 26

3.4 Contract Award 27

3.5 Overhead Rates 27

IV. ATTACHMENTS

Scope of Work Attachment I

Acknowledgment of Executive Session Attachment II

Supplier Checklist Attachment III

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INSTRUCTIONS TO PROPOSERS

1.1 PROPOSALS

Proposals shall provide a straight forward, concise delineation of the

proposer's capability to satisfy the requirements of the Request for Proposals. Each

proposal shall be submitted in the requested format, and provide all pertinent information

including but not limited to information relevant to personnel assignments,

specifications/scope of work, work completion, schedules, etc., as provided in this

Request for Proposals. Each proposal shall be signed in ink by a duly authorized officer

of the company.

1.2 PROPOSAL SUBMISSIONS

Proposals can be sent electronically through RTA’s E-bid Exchange web

site at https://www.ebidexchange.com/NORTA until 4:45 P.M., on the date established as

the submittal receipt deadline or upon request a hardcopy may be mailed to: Regional

Transit Authority, Attn: Procurement Department, 2817 Canal Street, New Orleans, LA

70119. Proposals received after the specified date shall be considered late and, therefore,

shall not be considered for award. Each proposal shall be in the form specified in this

Request for Proposals, and shall be in a sealed envelope with the name of the Proposer,

the date scheduled as the proposal receipt deadline, and the title of the Request for

Proposals marked on the outside.

1.3 PROPOSER REVIEW PROCEDURE

For the purposes of this paragraph, all submissions must be received by

the RTA no later than 4:45p.m. (Central time) on the date specified as the deadline for the

submission.

A. Request for Modification or Clarification

This section establishes procedures for proposers to seek review of this Request

for Proposals and any addenda. A proposer may discuss this Request for Proposals and

any addenda with the RTA. Such discussions do not, however, relieve proposers from

the responsibility of submitting written, documented requests.

Proposers may submit to the RTA requests for interpretations, clarifications or

modifications concerning any term, condition and/or specification included in this

Request for Proposals and/or in any addendum hereto. Any such request must be

received by the RTA, in writing, not less than SEVEN (7) calendar days before the date

of scheduled proposal receipt deadline. All requests must be accompanied by all relevant

information supporting the request for modification, interpretation, clarification or

addendum of this solicitation.

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RTA will issue a written determination relative to each request made pursuant to

this procedure. The written determination must be mailed or otherwise furnished to all

proposers at least THREE (3) calendar days before the date scheduled as the proposal

receipt deadline.

b. Protest Procedures

The following is an explanation of the RTA protest procedures which

must be followed completely before all administrative remedies are exhausted.

Any person who is aggrieved in connection with the solicitation or award

of a contract may protest to the Director of Procurement/Trandev. Protests shall be

submitted in writing specifically identifying the area of protest and containing any

support data, test results, or other pertinent information substantiating the appeal. A

protest with respect to a solicitation must be submitted in writing to the RTA at least

seven (7) calendar days prior to proposal receipt deadline. A protest with regard to the

award of a contract shall be submitted, in writing, within seven (7) calendar days after

award of the contract.

Prior to any action in court, the Director of Procurement/Transdev shall

have the authority to settle or resolve a protest from an aggrieved person concerning the

solicitation or award of a contract.

If the protest is not resolved by mutual agreement, the Director of

Procurement/Transdev or his designee shall within thirty (30) calendar days of protest

issue a decision in writing. The decision shall:

1. State the reasons for the action taken; and

2. Inform the protestor of his/her right to administrative and judicial

review.

A copy of this decision shall be mailed or otherwise furnished

immediately to the protestant and any other party intervening. This decision shall be

final and conclusive unless:

1. The decision is fraudulent; or

2. The person adversely affected by the decision has submitted a

timely administrative appeal to the General Manager/Transdev.

In the event of a timely protest under these regulations, the RTA shall not

proceed further with the solicitation or with the award of the contract unless the Director

of Procurement/Transdev makes a written determination that the award of the contract is

necessary without delay to protect the substantial interests of the RTA.

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The General Manager/Transdev shall have the authority to review and

determine any appeal by an aggrieved person from a determination by the Director of

Procurement/VT or his designee.

The aggrieved person must file an appeal within five (5) calendar days of

receipt of a decision from the Director of Procurement/Transdev.

On any appeal of the decision of the Director of Procurement/Transdev,

the General Manager/Transdev shall decide within thirty (30) calendar days whether the

solicitation or award was made in accordance with the constitution, statutes, regulations,

and the terms and conditions of the solicitation. Any prior determination by the Director

of Procurement/Transdev or his designee shall not be final or conclusive.

A copy of the General Manager's/Transdev decision shall be mailed or

otherwise furnished immediately to the protestant or any other party intervening.

The decision of the General Manager/Transdev shall be final and

conclusive unless:

1. The decision is fraudulent; or

2. The person adversely affected by the decision has timely appealed

to FTA after having exhausted the local protest procedures stated

above.

The RTA reserves the right to designate any person(s) other than the

General Manager/Transdev or the Director of Procurement/Transdev to perform the

duties provided for in this Paragraph.

Any appeal to FTA under these protest procedures will be made pursuant to

Circular 4220.1E, as amended.

1.4 CONTRACT DOCUMENTATION

Any contract resulting from this solicitation shall contain the terms and

conditions included in this Request for Proposals and any addenda issued pursuant

hereto.

1.5 COST OF PROPOSAL

Any costs incurred by proposers responding to this Request for Proposals

in anticipation of receiving a contract award will not be reimbursed by the RTA.

Payments will only be made pursuant to a contract between the RTA and the successful

proposer.

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1.6 PROPOSAL POSTPONEMENT AND ADDENDA

The RTA reserves the right to amend the instructions, general conditions,

special conditions, plans, scope of work, and specifications of this solicitation up to the

deadline date for proposal receipt. Copies of such addenda shall be furnished to all

prospective proposers. Where such addenda require changes in the services or prices

quoted, the final date set for proposal receipt may be postponed by such number of days

as in the opinion of the RTA shall enable prospective proposers to revise proposals.

1.7 CANCELLATION OF REQUEST FOR PROPOSALS

The RTA reserves the right to cancel this Request for Proposals in whole

or in part upon written determination by the Director of Procurement/Transdev that such

cancellation is in the best interest of the RTA.

1.8 PROPOSAL REJECTION

The RTA reserves the right to accept or reject any and all proposals

submitted.

1.9 SINGLE PROPOSAL RESPONSE

If only one proposal is received in response to this Request for Proposals,

a detailed cost proposal may be requested of the single proposer. A cost/price analysis

and evaluation and/or audit may be performed in order to determine if the offer is fair and

reasonable. Award of a contract to the proposer submitting the only proposal received in

response to this Request for Proposals may be subject to approval by the FTA.

1.10 PROPOSAL WITHDRAWAL

Prior to the date and time set for the Proposal Receipt Deadline, proposals

may be modified or withdrawn by the proposer's authorized representative in person, or

by written, facsimile or electronic notice. If proposals are modified or withdrawn in

person, the authorized representative shall make his identity known and shall sign a

receipt for the proposal. Written, facsimile or electronic notices shall be received in the

RTA Canal St. offices no later than the date scheduled as the proposal receipt deadline.

After the Proposal Deadline, proposals may not be withdrawn for sixty (60) calendar

days.

1.11 ACCEPTANCE OF PROPOSALS

Each proposal shall be submitted with the understanding that it is subject

to negotiation at the option of RTA. Upon acceptance in writing by RTA of the final

offer to furnish any and all of the services described herein, the parties shall promptly

execute the final contract documents. The written contract shall bind the Proposer to

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furnish and deliver all services as specified herein in accordance with conditions of said

accepted proposal and this Request for Proposals, as negotiated.

1.12 EVALUATION OF PROPOSALS

All proposals received will be evaluated under the two-step procurement

method. The evaluation criteria are provided in this Request for Proposals. Though price

shall not be considered during the initial evaluation of proposals, all proposers are

required to submit a price proposal in a separate envelope. The proposer receiving the

highest point total during the technical evaluation phase of the selection process may be

called in for negotiations. The contract will be awarded based on the Best Value to the

RTA. RTA shall have the right to conduct any reviews it deems necessary and audit the

business records of any and all proposers to determine the fairness and reasonableness of

the offer. RTA reserves the right to award this contract without conducting negotiations.

1.13 AWARD PROCEDURE

Within a reasonable time after the proposal receipt deadline, the RTA will

transmit the contract documents to the Contractor. The contract documents will, at a

minimum, consist of this Request for Proposals and any addenda thereto, the Contractor's

proposal, RTA's standard contract provisions and provisions required by FTA.

1.14 OFFERS

Each proposal submitted shall include all labor, materials, tools,

equipment, and other costs necessary to fully complete the scope of services pursuant to

the specifications provided herein. Any omissions derived from such specifications

which are clearly necessary for the completion of the work specified herein shall be

considered a portion of this Request for Proposals.

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1.15 ADDENDA

Proposers shall acknowledge receipt of all addenda to this Request for

Proposals. Acknowledged receipt of each addendum shall be clearly established and

included with each proposal. The undersigned acknowledges receipt of the following

addenda.

Addendum No. ________, dated _________________________

Addendum No. ________, dated _________________________

Addendum No. ________, dated _________________________

_____________________________

Company Name

____________________________

Company Representative

____________________________

RFP 2016-025

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II. TERMS AND CONDITIONS

2.1 OMISSIONS

Notwithstanding the provision of drawings, technical specifications or

other data by the RTA, the Contractor shall have the responsibility of supplying all items

and details required to perform the services specified.

2.2 COMMUNICATIONS

All official communications in connection with this contract shall be in

writing.

2.3 OFFICIAL RECEIPT

Communications shall be considered received at the time actually received

by the addressee or designated agent.

2.4 PERFORMANCE

Contractor shall perform all work diligently, carefully and in a good and

workmanlike manner and shall furnish all labor, supervision, machinery, equipment,

material and supplies necessary therefore. Contractor shall obtain and maintain all

permits and licenses required by public authorities in connection with performance of the

work, and, if permitted to subcontract, shall be fully responsible for all work performed

by subcontractors.

2.5 INDEMNIFICATION

The Contractor covenants and agrees to fully defend, protect, indemnify

and hold harmless the Regional Transit Authority (hereinafter "RTA"), Transdev, their

directors, officers, employees and agents from and against all liability, including strict

liability, claims, demands, and causes of action brought by others against RTA, and

Transdev, and expenses, including but not limited to reasonable attorney's fees; and

expense incurred in defense of RTA, and Transdev, arising out of, or in any way

incidental to, or in connection with the work hereunder, and other activities by contractor;

provided, however, that such indemnification shall apply only to the extent permitted by

applicable law, and except and to the extent such liability, claim, demand or cause of

action results from RTA's, and Transdev’s negligence.

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2.6 SUBCONTRACTING AND ASSIGNMENT

No portion of this contract may be, reassigned, transferred, or sublet

without the written approval of the RTA. If allowed to subcontract, no subcontractor

may be replaced without the written approval of the RTA.

2.7 CONFIDENTIALITY

Contractor agrees that any and all information, in oral or written form,

whether obtained from RTA, its agents or assigns, or other sources, or generated by

Contractor pursuant to this contract shall not be used for any purpose other than fulfilling

the requirements of this contract. Contractor further agrees to keep in absolute

confidence all data relative to the business of RTA and Transdev, their agents or assigns.

No news release, including but not limited to photographs and film, public

announcement, denial or confirmation of any part of the subject matter of any phase of

any program hereunder shall be made by Contractor without written approval of RTA.

2.8 WRITTEN CHANGE ORDERS

Oral change orders are not permitted. No change in this contract shall be

made unless the RTA gives its prior written approval therefore: The Contractor shall be

liable for all costs resulting from, and/or for satisfactorily correcting, any specification

change not properly ordered by written modification to the contract and signed by the

RTA.

2.9 CHANGE ORDER PROCEDURE

Within thirty (30) calendar days after receipt of the written change order to

modify the contract, the Contractor shall submit to the RTA a detailed offer and schedule

proposal for the work to be performed. This proposal shall be accepted or modified by

negotiations between the Contractor and the RTA. At that time, a detailed modification

shall be executed in writing by both parties. In the event that federal funds are used in

this procurement, the Federal Transit Administration may reserve the right to concur in

any change order or any dispute arising under such change order. Disagreements that

cannot be resolved by negotiation shall be resolved in accordance with the contract

disputes clauses. Regardless of any disputes, the Contractor shall proceed with the work

ordered, if the RTA has obtained the concurrence of FTA, should such concurrence be

required. RTA shall have the right to perform any analysis it deems necessary in

connection with modification sought by Contractor. Such analyses may include but not

be limited to a review and/or audit of Contractor's business records.

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2.10 DISPUTES

Disputes arising in the performance of this Contract which are not

resolved by agreement of the parties shall be decided in writing by the Director of

Procurement. The decision of the Director of Procurement shall be final and conclusive

unless within seven (7) days from the date of receipt of its copy, the Contractor mails or

otherwise furnishes a written appeal to the General Manager. In connection with any

such appeal, the Contractor may be afforded an opportunity to be heard and to offer

evidence in support of its position. The decision of the General Manager shall be binding

upon the Contractor and the Contractor shall abide by the decision.

Performance during Dispute. Unless otherwise directed by RTA,

Contractor shall continue performance under this contract while matters in dispute are

being resolved.

Claims for Damages. Should either party to the Contract suffer injury or

damage to person or property because of any act or omission of the party or of any of his

employees, agents or others for whose acts he is legally liable, a claim for damages

therefore shall be made in writing to such other party within a reasonable time after the

first observance of such injury or damage.

Remedies. Unless this contract provides otherwise, all claims,

counterclaims, disputes and other matters in question between the RTA and the

Contractor arising out of or relating to this agreement or its breach will be decided by

arbitration if the parties mutually agree, or in a court of competent jurisdiction within the

State of Louisiana.

Rights and Remedies. The duties and obligations imposed by the Contract

Documents and the rights and remedies available there under shall be in addition to and

not a limitation of any duties, obligations, rights and remedies otherwise imposed or

available by law. No action or failure to act by the RTA, (its agents or assigns) or

Contractor shall constitute a waiver of any right or duty afforded any of them under the

Contract, nor shall any such action or failure to act constitute an approval of or

acquiescence in any breach there under, except as may be specifically agreed in writing.

2.11 TERMINATION

a. Termination for Convenience (General Provision) The RTA may

terminate this contract, in whole or in part, at any time by written notice to the Contractor

when it is in the RTA’s and/or the Government best interest. The Contractor shall be

paid its costs, including contract close-out costs, and profit on work performed up to the

time of termination. The Contractor shall promptly submit its termination claim to RTA

to be paid the Contractor. If the Contractor has any property in its possession belonging

10

to the RTA, the Contractor will account for the same, and dispose of it in the manner the

RTA directs.

b. Termination for Default [Breach or Cause] (General Provision) If the

Contractor does not deliver supplies in accordance with the contract delivery schedule,

or, if the contract is for services, the Contractor fails to perform in the manner called for

in the contract, or if the Contractor fails to comply with any other provisions of the

contract, the RTA may terminate this contract for default. Termination shall be affected

by serving a notice of termination on the contractor setting forth the manner in which the

Contractor is in default. The contractor will only be paid the contract price for supplies

delivered and accepted, or services performed in accordance with the manner of

performance set forth in the contract.

If it later determined by the RTA that the Contractor had an excusable

reason for not performing, such as a strike, fire, or flood, events which are not the fault of

or are beyond the control of the Contractor, the RTA, after setting up a new delivery of

performance schedule, may allow the Contractor to continue work, or treat the

termination as a termination for convenience.

c. Opportunity to Cure (General Provision) The RTA in its sole discretion

may, in the case of a termination for breach or default, allow the Contractor seven (7)

calendar in which to cure the defect. In such case, the notice of termination will state the

time period in which cure is permitted and other appropriate conditions.

If Contractor fails to remedy to RTA’s satisfaction the breach or default or

any of the terms, covenants, or conditions of this Contract within ten (10) days after

receipt by Contractor of written notice from RTA setting forth the nature of said breach

or default, RTA shall have the right to terminate the Contract without any further

obligation to Contractor. Any such termination for default shall not in any way operate to

preclude RTA from also pursuing all available remedies against Contractor and its

sureties for said breach or default.

d. Waiver of Remedies for any Breach. In the event that RTA elects to

waive its remedies for any breach by Contractor of any covenant, term or condition of

this Contract, such waiver by RTA shall not limit RTA’s remedies for any succeeding

breach of that or of any other term, covenant, or condition of this Contract.

2.12 ACCESS TO RECORDS

The following access to records requirements apply to this Contract:

1) RTA is a grantee of the FTA and as such in accordance with 49 C.F.R.

18.36(I), the Contractor agrees to provide the RTA, the FTA Administrator, the

Comptroller General of the United States or any of their authorized representatives access

to any books, documents, papers and records of the Contractor which are directly

11

pertinent to this contract for the purposes of making audits, examinations, excerpts and

transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA

Administrator or his authorized representatives access to Contractor’s records pertaining

to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal

financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

2) Where the Purchaser is a State and is the RTA or a sub grantee of RTA

in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the

FTA Administrator or his authorized representatives, including PMP Contractor, access

to Contractor’s records pertaining to a major capital project, defined at 49 U.S.C. 5302(a)

1, which is receiving federal financial assistance through the programs described at 49

U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of

less than the simplified acquisition threshold currently set at $100,000.

3) Where the RTA enters into a negotiated contract for other than a small

purchase or under the simplified acquisition threshold and is an institution of higher

education, an hospital or other non-profit organization and is the FTA grantee or a sub

grantee of the RTA in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the

RTA, FTA Administrator, the Comptroller General of the United States or any of their

duly authorized representatives with access to any books, documents, papers and record

of the Contractor which are directly pertinent to this contract for the purposes of making

audits, examinations, excerpts and transcriptions.

4) Where RTA or a sub grantee of the RTA in accordance with 49 U.S.C.

5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C.

5302(a) 1) through other than competitive bidding, the Contractor shall make available

records related to the contract to the RTA, the Secretary of Transportation and the

Comptroller General or any authorized officer or employee of any of them for the

purposes of conducting an audit and inspection.

5) The Contractor agrees to permit any of the foregoing parties to

reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably

needed.

6) The Contractor agrees to maintain all books, records, accounts and

reports required under this contract for a period of not less than three (3) years after the

date of termination of expiration of this contract, except in the event of litigation or

settlement of claims arising from the performance of this contract, in which case

Contractor agrees to maintain same until the RTA, the FTA Administrator, the

Comptroller General, or any of their duly authorized representatives, have disposed of all

such litigation, appeals, claims or exceptions thereto. Reference 49 CFR 18.39(I) (11).

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2.13 OWNERSHIP OF DOCUMENTS

Any documents, reports or data generated by the Contractor in connection

with this project shall become the sole property of the RTA, subject to any rights asserted

by FTA of the U.S. Department of Transportation. The Contractor may retain copies of

such items for its files. The Contractor shall not release any documents, reports or data

from this project without prior written permission from the RTA.

2.14 INTERESTS OF MEMBERS OF, OR DELEGATES TO,

CONGRESS

In accordance with 18 U.S.C. Subsection 431, no member of, of delegates

to, the Congress of the United States shall be admitted to a share or part of this contract

or to any benefit arising there from.

2.15 CONFLICT OF INTEREST

No Board Member, employee, officer or agent of the RTA shall

participate in the selection or in the award or administration of a contract if a conflict of

interest, real or apparent, would be involved. Such a conflict would arise when:

a. The Board Member, employee, officer or agent;

b. Any member of his immediate family;

c. His or her partner; or

d. An organization which employs, or is about to employ any of the

above, has a financial or other interest in the firm selected for

award.

The RTA's Board Members, officers, employees or agents shall neither solicit nor accept

gratuities, favors or anything of monetary value from contractors, potential contractors or

parties of sub agreements.

2.16 GOVERNMENTWIDE DEBARMENT AND

SUSPENSION (NONPROCUREMENT)

Certification Regarding Debarment, Suspension, and other Responsibility

Matters -Lower Tier Covered Transactions (Third Party Contracts over $100,000)

The following language and attached certificates must be completed and

submitted as a prerequisite for consideration for award. This language and certification

must also be included for all sub-contracts issued pursuant to any contract awarded

hereunder.

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Instructions for Certification

1. By signing and submitting this bid or proposal, the prospective lower

tier participant is providing the signed certification set out below.

2. The certification in this clause is a material representation of fact upon

which reliance was placed when this transactions was entered into. If it is later

determined that the prospective lower tier participant knowingly rendered an erroneous

certification, in addition to other remedies available to the Federal Government, RTA

may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written

notice to RTA if at any time the prospective lower tier participant learns that it

certification was erroneous when submitted or has become erroneous by reason of

changed circumstances.

4. The terms “covered transaction”, “debarred”, “suspended”,

“ineligible”, “lower tier covered transaction”, “participant”, “persons”, “lower tier

covered transaction”, “principal”, “proposal”, and “voluntarily excluded”, as used in this

clause, have meanings set out in the Definitions and Coverage sections of rules

implementing Executive Order 12549 [49 CFR Part 29].

5. The prospective lower tier participant agrees by submitting this

proposal that, should the proposed covered transaction be entered into, it shall not

knowingly enter into any lower tier covered transaction with a person who is debarred,

suspended, declared ineligible, or voluntarily excluded from participation in this covered

transaction, unless authorized in writing by RTA.

6. The prospective lower tier participant further agrees by submitting this

proposal that it will include the clause titled “Certification Regarding Debarment,

Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction”,

without modification, in all lower tier covered transactions and in all solicitation for

lower tier covered transaction.

7. A participant in a covered transaction may rely upon a certification of a

prospective participant in a lower tier coveted transaction that it is not debarred,

suspended, ineligible, or voluntarily excluded from the covered transaction, unless it

knows that the certification is erroneous. A participant may decide the method and

frequency by which determines the eligibility of its principals. Each participant should

check the “excluded party list” issued by U.S. General Service Administration

@ www.epls.gov/.

8. Nothing contained in the foregoing shall be construed to require

establishment of system of records in order to render in good faith the certification

required by this clause. The knowledge and information of a participant is not required to

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exceed that which is normally possessed by a prudent person in the ordinary course of

business dealings.

9. Except for transactions authorized under Paragraph 5 of these

instructions, if a participant in a covered transaction knowingly enters into a lower tier

covered transaction with a person who is suspended, debarred, ineligible, or voluntarily

excluded from participation in this transaction, in addition to all remedies available to the

Federal Government, RTA may pursue available remedies including suspension and/or

Debarment.

2.17 RESTRICTIONS ON LOBBYING

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the

Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]

Contractors who apply or bid for an award of $100,000 or more shall file the certification

required by 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the

tier above that it will not and has not used Federal appropriated funds to pay any person

or organization for influencing or attempting to influence an officer or employee of any

agency, a member of Congress, officer or employee of Congress, or an employee of a

member of Congress in connection with obtaining any Federal contract, grant or any

other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any

registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts

on its behalf with non-Federal funds with respect to that Federal contract, grant or award

covered by 31 U.S.C. 1352. Such disclosures are forwarded from each tier up to the

RTA.

2.18 EQUAL EMPLOYMENT OPPORTUNITY

The Contractor shall comply with Executive Order No. 11246 as amended,

entitled "Equal Employment Opportunity" as supplemented in Department of Labor

Regulations (41 C.F.R. Paragraph 60). In connection with the execution of this

Agreement, the Contractor shall not discriminate against any employees or applicant for

employment because of race, religion, color, sex, age, or national origin. The Contractor

shall take affirmative action to ensure that applicants are employed and that employees

are treated during their employment without regard to their race, religion, color, sex, age,

or national origin. Such actions shall include, but not be limited to, the following:

employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;

layoff or termination, rates of pay or other forms of compensation, and selection for

training, including apprenticeship. Contractor further agrees to insert a similar provision

in all subcontracts, except subcontracts for standard commercial supplies or raw

materials.

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2.19 ENERGY CONSERVATION

The Contractor agrees to comply with mandatory standards and policies

relating to energy efficiency which are contained in the state energy conservation plan

issued in compliance with the Energy Policy and Conservation Act.

2.20 WORK HOURS AND SAFETY STANDARDS ACT

Pursuant to Section 102 (Overtime)

(1) Overtime Requirements: No contractor or subcontractor contracting

for any part of the contract work which may require or involve the employment of

laborers or mechanics shall require or permit any such laborer or mechanic in any work

week in which he or she is employed on such work to work in excess of forty (40) hours

in such work week unless such laborer or mechanic receives compensation at a rate not

less than one and one-half (1 1/2) times the basic rate of pay for all hours worked in

excess of forty (40) hours in such work week.

(2) Violation; Liability for Unpaid Wages; Liquidated Damages: In

the event of any violation of the clause set forth in paragraph (1) of this section the

contractor and any subcontractor responsible therefore shall be liable for the unpaid

wages. In addition, such contractor and subcontractor shall be liable to the United States

for liquidated damages. Such liquidated damages shall be computed with respect to each

individual laborer or mechanic, including watchmen and guards, employed in violation of

the clause set forth in paragraph (1) of this section, in the sum of Ten Dollars ($10) for

each calendar day on which such individual was required or permitted to work in excess

of the standard work week of forty (40) hours without payment of the overtime wages

required by the clause set forth in paragraph (1) of this section.

(3) Withholding for Unpaid Wages and Liquidated Damages: The

RTA shall upon its own action or upon written request of an authorized representative of

the Department of Labor withhold or cause to be withheld, from any monies payable on

account of work performed by the contractor or subcontractor under any such contract or

any other Federal contract with the same prime contractor, or any federally-assisted

contract subject to the Contract Work Hours and Safety Standards Act, which is held by

the same prime contractor, such sums as may be determined to be necessary to satisfy any

liabilities of such contractor of subcontractor for unpaid wages and liquidated damages as

provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts: The contractor or subcontractor shall insert in any

subcontracts the clause set forth in this section and also a clause requiring the

subcontractors to include these clauses in any lower tier subcontracts. The prime

contractor shall be responsible for compliance by any subcontractor or lower tier

subcontractor with the clauses set forth in this section.

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(5) Payrolls and basis records: (I) Payrolls and basis records relating

thereto shall be maintained by the contractor during the course of the work and preserved

for a period of three years thereafter for all laborers and mechanics working at the site of

the work (or under the United States Housing Act of 1937, or under the Housing Act of

1949, in the construction or development of the project). Such records shall contain the

name, address, and social security number of each such worker, his or her correct

classification, hourly rates of wages paid (including rates of contributions or costs

anticipated for bona fide fringe benefits or cash equivalents thereof of the types described

in section 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours

worked, deductions made and actual wages paid. Whenever the Secretary of Labor has

found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the

amount of any costs reasonably anticipated in providing benefits under a plan or program

described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain

records which show that the commitment to provide such benefits is enforceable, that the

plan or program is financially responsible, and that the plan or program has been

communicated in writing to the laborers or mechanics affected, and records which show

the costs anticipated or the actual cost incurred in providing such benefits. Contractors

employing apprentices or trainees under approved programs shall maintain written

evidence of the registration of apprenticeship programs and certification of trainee

programs, the registration of the apprentices and trainees, and the ratios and wage rates

prescribed in the applicable programs.

2.21 CIVIL RIGHTS ACT

The following requirements apply to the underlying contract:

(1) Nondiscrimination. In accordance with Title VI of the Civil Rights

Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975,

as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of

1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor

agrees that it will not discriminate against any employee or applicant for employment

because of race, color, creed, national origin, sex, age, or disability. In addition, the

Contractor agrees to comply with applicable Federal implementing regulations and other

implementing requirements FTA may issue.

(2) Equal Employment Opportunity: The following equal employment

opportunity requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex. In accordance with Title

VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49

U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment

opportunity requirements of U. S. Department of Labor (U.S. DOL) regulations, “Office

of Federal Contract Compliance Programs, Equal Employment Opportunity, Department

17

of Labor,” 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246,

“Equal Employment Opportunity,” as amended by Executive Order No. 11375,

“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42

U.S. C. § 2000e note), and with any applicable Federal statutes, executive orders,

regulations, and Federal policies that may in the future affect construction activities

undertaken in the course of the Project. The Contractor agrees to take affirmative action

to ensure that applicants are employed, and that employees are treated during

employment, without regard to their race, color, creed, national origin, sex or age. Such

action shall include, but not be limited to, the following: employment, upgrading,

demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates

of pay or other forms of compensation; and selection for training, including

apprenticeship. In addition, the Contractor agrees to comply with any implementing

requirements FTA may issue.

(b) Age. In accordance with section 4 of the Age Discrimination in

Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49

U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and

prospective employees for reason of age. In addition, the Contractor agrees to comply

with any implementing requirements FTA may issue.

(c) Disabilities. In accordance with section 102 of the Americans with

Disabilities Act, as amended, 42 U.S. C. § 12112, the Contractor agrees that it will

comply with the requirements of U. S. Equal Employment Opportunity Commission,

“Regulations to Implement the Equal Employment Provisions of the Americans with

Disabilities Act”, 29 C.F.R. Part 1630, pertaining to employment of persons with

disabilities. In addition, the Contractor agrees to comply with any implementing

requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each

subcontract financed in whole or in part with Federal assistance provided by FTA,

modified only if necessary to identify the affected parties.

2.22 DISADVANTAGE BUSINESS ENTERPRISE

It is the policy of the RTA to ensure that DBE’s as defined in Part 26, have an

equal opportunity to participate to receive and participate in DOT-assisted contracts. It is,

also, our policy –

(i) To ensure nondiscrimination in the award and administration of DOT

assisted contracts;

(ii) To create level playing field in which DBE’s can compete fairly for DOT

assisted contracts;

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(iii) To ensure that the DBE Program is narrowly tailored in accordance with

applicable law;

(iv) To ensure that only firms that fully meet 49 CFR Part 26 eligibility

standards are permitted to participate as DBE’s;

(v) To help remove barriers to the participation of DBE's in DOT assisted

contracts;

(vi) To assist the development of firms that can compete successfully in the

market place outside the DBE program.

CONTRACTOR ASSURANCE. The contractor, sub recipient, or subcontractor shall not

discriminate on the basis of race, color, national origin, or sex in the performance of this

contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the

award and administration of DOT assisted contracts. Failure by the contractor to carry out

these requirements is a material breach of this contract, which may result in the

termination of this contract or such other remedy, as the recipient deems appropriate.

PROMPT PAYMENT

The prime contractor agrees to pay each subcontractor under this prime contract

for satisfactory performance of its contract no later than five (5) days from the receipt of

each payment the prime contractor receives from the RTA. The prime contractor further

agrees to return retainage payment to each subcontractor within five (5) days after the

subcontractors work is satisfactorily completed and accepted by RTA, and all lien delay’s

under applicable laws have expired. Any delay or postponement of payment from the

above-referenced time frame may occur only for good cause following written approval

of the RTA. This clause applies to both DBE and non-DBE subcontractors.

Identification of subcontractors: All prime contractors submitting offers in

response to this Invitation for Bids must provide the following information for All

subcontractors whether the firm is identified as a Disadvantaged Business

Enterprise or not. The required information is:

(1) Firm Name

(2) Firm Address

(3) Firm’s status as a DBE or non DBE

(4) The age of the firm

(5) The annual gross receipts of the firm

Additionally, each contract RTA enters into with a contractor (and each

subcontract) the prime contractor signs with a subcontractor shall include the

following assurance:

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The contractor, sub recipient or subcontractor shall not discriminate on the basis of race,

color, national origin, or sex in the performance of this contract. The contractor shall

carry out applicable requirements of 49 CFR Part 26 in the award and administration of

DOT assisted contracts. Failure by the contractor to carry out these requirements is a

material breach of this contract, which may result in the termination of this contract or

such other remedy, as the RTA deems appropriate.

Further, each contract RTA enters into with a contractor (and each subcontract

the prime contractor signs with a subcontractor shall include the following

assurance:

The contractor, sub recipient or subcontractor shall make prompt payments for

all satisfactory work performed under this agreement. The contractor shall

within thirty (30) days of receipt of payment from RTA make all payments due

subcontractors and suppliers. This requirement shall flow down to all levels

including subcontractors making payments to sub subcontractors and suppliers,

etc. Additionally, upon release of retainage(s) by RTA, Contractor shall in turn

within thirty (30) days release retainage(s) it holds. The requirement for release

of retainage(s) within thirty (30) days shall flow down to all subcontractors, etc.

performing under this contract. Contractor or any of its subcontractors, etc. may

not delay or postpone payments or release of retainage without prior RTA written

approval. RTA may delay, or withhold up to twenty-five percent of Contractor’s

payments, retainage, etc. if there is evidence that Contractor is not complying

with any provision hereunder. RTA may withhold monies due Contractor until

such time as Contractor by its actions or assurances has, to RTA satisfaction,

proven that it will or has complied with all the requirements hereunder.

2.23 PRIVACY ACT REQUIREMENTS

The following requirements apply to the Contractor and its employees that

administer any system of records on behalf of the Federal Government under any

contract:

(1) The Contractor agrees to comply with, and assures the compliance of

its employees with, the information restrictions and other applicable requirements of the

Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to

obtain the express consent of the Federal Government before the Contractor or its

employees operate a system of records on behalf of the Federal Government. The

Contractor understand that the requirements of the Privacy Act, including the civil and

criminal penalties for violation of that Act, apply to those individuals involved, and that

failure to comply with the terms of the Privacy Act may result in termination of the

underlying contract.

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(2) The Contractor also agrees to include these requirements in each

subcontract to administer any system of records on behalf of the Federal Government

financed in whole or in part with Federal assistance provided by FTA.

2.24 STATUS OF CONTRACTOR AND ITS EMPLOYEES

For all purposes specified under the terms of this Agreement the

Contractor shall be considered an independent contractor as defined in R.S. 23:1021 (5),

and as such, the RTA shall not be liable to the Contractor for benefits or coverage

provided by the Workers' Compensation Law of the State of Louisiana (R.S. 23:1021 et

seq.), and further, under the provisions of R.S. 23:1034, no person employed by the

Contractor shall be considered an employee of the RTA for the purpose of Workers'

Compensation coverage.

2.25 INSURANCE AND LICENSES

The Contractor shall at all times during the contract period carry all

insurance and licenses as required by law.

In addition to insurance required by law, Contractor shall at all times'

carry, with an insurance company acceptable to RTA, the following types and amounts of

insurance. Prior to contract execution, the Contractor shall furnish to RTA certificates

showing types, amounts, class of operation covered, effective dates and dates of

expiration of policies.

Workers’ Compensation Insurance in Statutory Amounts required by the State of

Louisiana; Professional Liability Insurance in the amount of $1,000,000.00; Errors and

Omissions Insurance in the amount of $1,000,000.00; Vehicle Liability Insurance both

owned and hired vehicles in the amount of $500,000.00 and General Liability Insurance

in the amount of $1,000,000.00.

For protection of the RTA, all insurance required above shall name RTA and Transdev as

additional insured and shall provide a waiver of subrogation as to RTA and Transdev.

All insurance policies provided in connection with this contract shall provide that the

insurance may not be canceled or changed without thirty (30) days prior notice to RTA.

If RTA rejects any policy obtained in connection herewith, Contractor shall obtain the

same insurance from a company acceptable to RTA. All subcontractors shall be

governed by the same insurance requirements contained herein.

2.26 ACCESS REQUIREMENTS FOR INDIVIDUALS WITH

DISABILITIES

During the performance of this contract, the contractor, for itself, its

assignees and successors in interest agree to comply with all applicable requirements of

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the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. sections 12101 et seq.;

section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. section 794; section

16 of the Federal Transit Act, as amended, 49 U.S.C. app. section 1612; and the

following regulations and any amendments thereto:

(a) U.S. DOT regulations, "Transportation Services for Individuals with

Disabilities (ADA)," 49 C.F.R. Part 37;

(b) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in

Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49

C.F.R. Part 27;

(c) U.S. DOT regulations, "American with Disabilities (ADA)

Accessibility Specifications for Transportation Vehicles," 49 C.F.R. Part 38;

(d) Department of Justice (DOJ) regulations, "Nondiscrimination on the

Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35;

(e) DOJ regulations, "Nondiscrimination on the Basis of Disability by

Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;

(f) General Services Administration regulations, "Accommodations for the

Physically Handicapped," 41 C.F.R. Subpart 101-19;

(g) Equal Employment Opportunity Commission, "Regulations to

Implement the Equal Employment Provision of the Americans with Disabilities Act," 29

C.F.R. Part 1630;

(h) Federal Communications Commission regulations,

"Telecommunications Relay Services and Related Customer Premises Equipment for the

Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and

(i) FTA regulations, "Transportation of Elderly and Handicapped

Persons," 49 C.F.R. Part 609.

2.27 APPLICATION OF FEDERAL, STATE AND LOCAL LAWS AND

REGULATIONS

(a) Federal Laws and Regulations

The Federal requirements (laws, regulations policies, and related

administrative) contained in this contract may change (from time to time) after the date

the contract has been executed. Any changes in federal requirements shall apply to this

contract and be incorporated therein.

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(b) State or Territorial Law and Local Law

This contract shall be entered into in the State of Louisiana and shall be

governed and/or construed in accordance with the laws and jurisprudence of the State of

Louisiana, except to the extent that a Federal Statute or regulation preempts State or

territorial law.

2.28 CLEAN WATER

(1) The Contractor agrees to comply with applicable standards, orders or

regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33

U.S.C. 1251 et seq. The Contractor agrees to report each violation to the RTA and

understands and agrees that the RTA will, in turn, report each violation as required to

assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each

subcontract exceeding $100,000 financed in whole or in part with Federal assistance

provided by FTA.

2.29 FLY AMERICA

Contractor and all subcontractors at every tier shall comply with the requirements

of 49 U.S.C. 40118 and 4 CFR Part 52. Specifically, whenever work under this

agreement may involve international transportation of goods, equipment or personnel by

air, only U.S. flag air carriers shall be utilized, to the extent service by these carriers is

available. Additionally, Contractor and any subcontractors at every tier shall include this

requirement in all subcontracts. Further, in every instance where Contractor or any

subcontractor(s) cannot comply with the requirements herein, a certification, in proper

form, stating the reasons for non-compliance shall accompany the request for

reimbursement or payment.

2.30 NO OBLIGATION BY THE FEDERAL GOVERNMENT

(1) The Purchaser and Contractor acknowledge and agree that,

notwithstanding any concurrence by the Federal Government in or approval of the

solicitation or award of the underlying contract, absent the express written consent by the

Federal Government, the Federal Government is not a party to this contract and shall not

be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party

(whether or not a party to that contract) pertaining to any matter resulting from the

underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract

financed in whole or in part with Federal assistance provided by FTA. It is further agreed

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that the clause shall not be modified, except to identify the subcontractor who will be

subject to its provisions.

2.31 STATE AND LOCAL LAW DISCLAIMER

The use of many of the Clauses herein is not governed by federal law and many of

the clauses contained herein contain FTA suggested language in certain instances these

clauses may be affected by State Law.

2.32 FEDERAL CHANGES

Contractor shall at all times comply with all applicable FTA regulations,

policies, procedures and directives, including without limitation those listed directly or by

reference in the Agreement (Form FTA MA (2) dated October, 1995) between RTA and

FTA, as they may be amended or promulgated from time to time during the term of this

contract. Contractor’s failure to so comply shall constitute a material breach of this

contract.

2.33 CLEAN AIR

(1) The Contractor agrees to comply with all applicable standards, orders

or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et

seq. The Contractor agrees to report each violation to the RTA and understands and

agrees that the RTA will, in turn, report each violation as required to assure notification

to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each

subcontract exceeding $100,000 financed in whole or in part with Federal assistance

provided by FTA.

2.34 RECYCLED PRODUCTS

Recovered Materials. The contractor agrees to comply with all the

requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA),

as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40

CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items

designated in Subpart B of 40 CFR Part 247.

2.35 PROGRAM FRAUD AND FALSE OR FRAUDULENT

STATEMENTS AND RELATED ACTS

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(1) The Contractor acknowledges that the provisions of the Program Fraud

Civil Remedies Act of 1986, as amended, 31 U.S.C. §§3801 et. seq. and U.S. DOT

regulations, “Program Fraud Civil Remedies”, 49 C.F.R. Part 31, apply to its actions

pertaining to this Project. Upon execution of the underlying contract, the Contractor

certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it

may make, or causes to be made, pertaining to the underlying contract or the FTA

assisted project for which this contract work is being performed. In addition to other

penalties that may be applicable, the Contractor further acknowledges that if it makes, or

causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or

certification, the Federal Government reserves the right to impose the penalties of the

Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal

Government deems appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be

made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the

Federal Government under a contract connected with a project that is financed in whole

or in part with Federal assistance originally awarded by FTA under the authority of 49

U.S. C. §5307, the Government reserves the right to impose the penalties of 18 U.S.C.

§1001 and 49 U.S.C. §5307(n)(1) on the Contractor, to the extent the Federal Government

deems appropriate.

(3) The Contractor agrees to include the above two clauses in each

subcontract financed in whole or in part with Federal assistance provided by FTA. It is

further agreed that the clauses shall not be modified, except to identify the subcontractor

who will be subject to the provisions.

2.36 NON-COLLUSION AFFIDAVIT

The attached “non-collusion affidavit” must be properly executed and

submitted by Contractor prior to contract award.

2.37 INCORPORATION OF FEDERAL TRANSIT

ADMINISTRATION (FTA) TERMS

The preceding provisions include, in part, certain Standard Terms and Conditions

required by DOT, whether or not expressly set forth in the preceding contract provisions.

All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are

hereby incorporated by reference. Anything to the contrary herein notwithstanding, all

FTA mandated terms shall be deemed to control in the event of a conflict with other

provisions contained in this Agreement. The Contractor shall not perform any act, fail to

perform any act, or refuse to comply with any RTA requests which would cause RTA to

be in violation of the FTA terms and conditions.

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2.38 EXCLUSIONARY OR DISCRIMINATORY

SPECIFICATIONS

Apart from inconsistent requirements imposed by federal statute or regulations,

the RTA will comply with the requirements of 49 U.S.C. § 5323(h) (2) by refraining from

using any Federal assistance awarded by FTA to support procurements using

exclusionary or discriminatory specifications.

2.39 GEOGRAPHIC RESTRICTIONS

Except as expressly mandated, encouraged or permitted by FTA or Federal

statute, RTA will refrain from using state or local geographic preferences.

2.40 BUY AMERICA

This Contract is subject to the Federal Transit Administration Buy America

Requirements in 49 CFR 660. The bidder is required to submit a signed Buy America

certification with the bid. The necessary forms are available on http://www.norta.com.

Section 165(a) of the Surface Transportation Act of 1982 permits FTA participation on

this contract only if steel, and manufactured products used in the contract are produced in

the United States.

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III. EVALUATION CRITERIA

3.1 BROOKS ACT/QUALIFICATIONS BASED EVALUATION

All submittals in response to this solicitation shall be evaluated pursuant to the Brooks

Act. Therefore, price shall not be considered during the technical evaluation of the

submittals. Each submittal will undergo an administrative evaluation.

Note Paragraph 3.2 ADMINISTRATIVE EVALUATION, below.

Upon completion of the administrative evaluation, responsive submittals will be

distributed, for review only, to the Technical Evaluation Committee. Following the

collection of submittals, a public Technical Evaluation Committee meeting will be held

to complete the evaluation of the submittals. The highest scoring submitter will then meet

with RTA staff to begin scope of work and fee negotiations. If a fair and reasonable fee

cannot be agreed to between the highest ranked submitter and the RTA, then RTA staff

will meet with the second highest scoring submitter to begin fee negotiations. Then the

third highest scored submitter, etc., until a fair and reasonable fee and scope are agreed to

by both parties.

3.2 ADMINISTRATIVE EVALUATION

Prior to the distribution of submittals to the Technical Evaluation Committee, the RTA

shall perform an administrative evaluation of each submittal to determine completeness

and responsiveness to this RFP.

3.3 EVALUATION CRITERIA

The following evaluation criteria will be used by the Technical Evaluation Committee.

The criteria and the weighted values (in parentheses) to be used by the Technical

Evaluation Committee in evaluating responses for the selection of a firm(s) to perform

this service(s) are listed below:

1. (30) Overall Qualifications - capability of team, professional competence and

character of the team including relevance and substance of performing a

Threat and Vulnerability/Capabilities Assessment.

2. (25) Technical Qualifications - Suitability of the firm's approach to meet the

needs and criteria set forth in the RFP based on the Letter of Interest that

includes a detailed description of your team’s approach and capability to

perform a Threat and Vulnerability/Capabilities Assessment.

3. (25) Accomplishments - Prior experience and results on similar projects.

27

4. (10) Firm’s current work load including proposed start date and tentative

schedule.

5. (10) Accessibility of those assigned to the project to meet with RTA staff.

3.4 CONTRACT AWARD

RTA shall score and rank all proposals based upon the evaluation criteria

contained herein. An interview and/or presentation may be required. Award of this

contract shall be to a properly licensed, responsible offeror deemed the most qualified,

for which fair and reasonable compensation can be determined.

Proposers are reminded that price/cost shall not be used as an evaluation factor

during the initial evaluation. However, proposers are required to submit cost data

separately with their proposal. Proposals which do not contain cost/price information

may be considered non-responsive to the administrative requirements of the RFP.

PROPOSAL PRICING RESTRICTIONS

Any proposed overhead rate which exceeds 75% of approved categories (e.g.,

“labor”) shall be substantiated by a current audit performed by an independent Certified

Public Accounting Firm. Any proposed overhead rate which exceeds 100% of the

approved categories shall be substantiated by a current audit conducted by a federal or

state agency. Labor rates for all individuals who may perform any work associated with

this project shall be identified in the proposal. The individuals will be identified by name

and job category. This requirement extends to all individuals whether classified as

professional or non-professional. Any changes in labor rates and/or additions or changes

to personnel providing work on this project must be pre-approved by RTA in writing.

3.5 OVERHEAD RATES

Contractor will be required to submit an audited overhead rate.

ATTACHMENT I

SCOPE OF WORK

THREAT AND

VULNERABILITY/CAPABILIT

IES ASSESSMENT

SCOPE OF WORK

INTRODUCTION

OBJECTIVE

The objective of this RFP is to solicit Proposals that will enable the RTA to

determine which Service Provider and Proposed Solution will best meet the RTA’s

needs.

The Regional Transit Authority is seeking an agency to execute a comprehensive

plan for its THREAT AND VULNERABILITY ASSESSMENT with a

CAPABILITIES ASSESSMENT.

SCOPE OF WORK

BACKGROUND:

The Regional Transit Authority gets people moving around New Orleans. Our transit

services bring hard-working commuters to their jobs, students to their schools, and fun-

seekers to entertainment, shopping areas, and restaurants. We provide mobility to

residents of the city as well as to large numbers of tourists, taking them to and from

their hotels to historical neighborhoods and countless attractions. In fact, many visitors

(and locals) ride the RTA’s iconic streetcars simply for pleasure. In this way, the RTA

is a destination in itself. Our streetcars and buses are both a symbol of the City and an

essential part of it.

At present, the RTA system includes five streetcar lines and 35 bus routes, and we offer

special paratransit services to the disabled. Our vehicles cover 14,000 miles each day,

and our passengers take almost 18 million rides every year.

Under contract with the RTA Board of Commissioners, a company called Transdev

Services, Inc. manages all day-to-day aspects of the transit agency on behalf of the

RTA. Transdev handles operations and service, safety issues, vehicle maintenance,

customer care, route design and scheduling, human resources, administration, ridership

growth, capital planning, grant administration, communications, purchasing, and other

agency functions. Board of Commissioners.

SCOPE:

In order to fulfill federal, state and local obligations, as well to provide continuous

improvement to its security and emergency preparedness program, the New Orleans

Regional Transit Authority is seeking to conduct a threat and vulnerability

assessment, with a capabilities assessment, of its bus and streetcar systems,

equipment, fixed assets, access control measures, lighting, contracts, security plan/

policy and procedures, and security protocols and other security measures. This scope

of work is sensitive in nature and will require various protocols based on the RTA’s

Security and Emergency Preparedness Plan (SEPP). To this end many security

documents can only be reviewed on site.

The successful Proposer shall prepare a Threat and Vulnerability Assessment and

Risk Analysis report of the critical system elements based on industry standard

methods. The methodology for the assessment will follow all appropriate industry

standards, based upon theories and techniques that can be tested, and will be inclusive

of the following characteristics:

Understanding of the organization and identification of people and assets at

risk

Qualitative assessment with rankings from greatest vulnerability to lowest

Quantitative assessment with rankings from greatest vulnerability to lowest

Specification of loss risk events and vulnerabilities

Establishment of the probability of the loss risk and frequency events

Determination of the impacts of the events

Development of options to mitigate risks

Review of current mitigation strategies

Study of the feasibility of implementation of options

Consideration of all hazards and interdependencies

Identification of single points of failure

Provision of risk reduction recommendations and planning of level budget

projections

Review of information sources for determining loss risk events, including but

not limited to: local police crime statistics; Uniform Crime Reports;

intelligence from local, state, or national law enforcement agencies about

potential threats; industry related information about trends.

TASKS:

Task 1: Attend a kick-off meeting with key RTA stakeholders to discuss

scope, work plan, deliverables, draft and final report.

Task 2: Develop a detailed work plan for the RTA that incorporates approach

and methodologies employed to include data collection, site/field visits,

environmental and operating conditions and other threats and vulnerabilities to the

system, risk ratings assignments for each threat, and the capabilities of the system to

respond to threats and vulnerabilities.

The work plan must use a methodology for TVA/Capabilities Assessments acceptable

to the Transportation Security Administration, the Federal Transit Administration and

the RTA. The methodology must have a sound basis in security and emergency

preparedness research and industry standards.

Upon review and approval of the work plan, the consultant will be issued a notice to

proceed to conduct a threat and vulnerability/capabilities assessment of the RTA

system within the specified timeframe in the contract.

Task 3: Develop and provide a draft report based on the threat and

vulnerability/capabilities assessment for RTA review and comment. The report must

include critical assets, risk ratings for each, and countermeasures to address threats

and vulnerabilities. The capabilities assessment shall be provided as part of the

report.

Task 4: Prepare final threat and vulnerability report based on discussions,

suggestions, and recommendations from task 3 to RTA.

QUALIFICATIONS OF KEY PERSONNEL:

Key personnel proposed to provide services on the contract must be properly qualified

to perform TVA/Capabilities Assessments. At a minimum, personnel must be certified

by the Transportation Safety Institute in Transit System Security and Effectively

Managing Transit Emergencies. At least one team member must have FEMA

certifications in Incident Command System/National Incident Management Plan

(minimum ICS 100 and NIMS 800). In addition, at least one team member must be

certified in Crime Prevention through Environmental Design (CPTED).

Personnel must have experience with performance of TVA/Capabilities Assessments

for systems of similar sizes and operational characteristics as the RTA.

Resumes for each key proposed team member, certifications, and a summary of

relevant experience must be provided with the Proposal.

ATTACHMENT II

Acknowledgement and Authorization of Executive Session

ACKNOWLEDGMENT AND AUTHORIZATION OF EXECUTIVE SESSION

STATE OF ______________________________________

PARISH/COUNTY OF ____________________________

On this _______ day of ________________________, 2016 before me appeared:

___________________________________

Who after first being duly sworn by me, deposes and says:

1. He/she is an authorized representative of _________________________ who

has submitted a response to the Regional Transit Authority’s Request for

Qualifications and/or Proposal No. ____________;

2. Pursuant to Louisiana Revised Statute 42:6.1, I hereby authorize the Regional

Transit Authority to discuss the character and professional competence of

____________________________ in Executive Session.

____________________________________________

Sign Name

Sworn to and subscribed before me, Notary Public, this __________ day of

______________________, 2016.

____________________________________

Notary Public

ATTACHMENT III

SUPPLIER SUBMISSION CHECKLIST

The following items must be submitted as noted in order to be considered responsive.

Implementation Timeline

Letter of Interest*

Consultant Questionnaire Form*

Non-Collusion Affidavit*

Certificate on Primary Debarment *

Certificate Regarding Debarment– Lower Tier *

Certification of Restrictions on Lobbying *

Buy America Certificate of Compliance*

Participant Information Form*

Acknowledgment and Authorization of Executive Session*

*Due on the proposal submittal date.

All other forms are due within 3 days of being requested by RTA.

INSTRUCTIONS FOR OBTAINING FORMS

Go to RTA’s official web site at

http://www.norta.com/Business_Center/Procurement_Information/.

CLICK ON “PROCUREMENT INFORMATION” ON THE LEFT-HAND SIDE OF SCREEN FOR A

LIST OF DOWNLOADABLE FORMS